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HomeMy WebLinkAboutO-14199City of Miami Ordinance 14199 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13730 Final Action Date: 7/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE — RESTRICTED AND "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O", URBAN CORE ZONE — OPEN OF THE PROPERTIES GENERALLY LOCATED AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property is generally located at 14 Northwest 75th Street, 7409 Northwest Miami Court, 7450 North Miami Avenue, and 7401 Northwest Miami Court, Miami, Florida, and is zoned "T5-R" Urban Center Zone — Restricted and "D1" Work Place District Zone; and WHEREAS, the applicant, LRMF Owner, LLC ("Applicant") has submitted a request to change the zoning classification from "T5-R" Urban Center Zone — Restricted and "D1" Work Place District Zone to "T6-8-O" Urban Core Zone — Open Transect Zone for the properties located at 14 Northwest 75th Street, 7409 Northwest Miami Court, 7450 North Miami Avenue, and 7401 Northwest Miami Court (collectively the "Property"); and WHEREAS, the Property is an assemblage of four (4) parcels totaling approximately 30,648 sq. ft. or ±0.703 acres of land; and WHEREAS, the Future Land Use Map designations of the Property are Medium Density Multifamily Residential and Light Industrial; and WHEREAS, the request to rezone the Property from "T5-R" Urban Center Zone — Restricted and "D1" Work Place District Zone to "T6-8-O" Urban Core Zone — Open Transect Zone, is not consistent with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential and Light Industrial therefore, a concurrent Comprehensive Plan Amendment is required; and WHEREAS, the Property is currently developed with existing residential and warehouse buildings and is bordered by residential, commercial, and industrial uses; and WHEREAS, the Property is bounded by Northwest 75th Street to the north, Florida East Coast Railway to the south, North Miami Avenue to the east and Northwest Miami Court to the west; and City of Miami Page 1 of 4 File ID: 13730 (Revision: B) Printed On: 7/8/2025 File ID: 13730 Enactment Number: 14199 WHEREAS, the Property is located in the Little Haiti neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "C-2" under the previous Zoning Code, Ordinance No. 11000, which permitted 65 dwelling units per acre; and WHEREAS, the Property is located within the area traditionally referred to as "Little River" that was developed as a warehouse district for the shipment and storage of goods centered around the Florida East Coast Railway; and WHEREAS, the proposed "T6-8-O" Urban Core Zone — Open, zoning classification will result in higher intensity (150 dwelling units per acre) and taller (8 stories) development; and WHEREAS, this request to Rezone the Property is consistent with the Miami Neighborhood Comprehensive ("MCNP"), Transportation Element, Policy TR-1.1.5 which provides that "[t]he City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers," which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, this request to Rezone the Property is consistent with the MCNP, Land Use Element, Policy LU-1.2.1 which provides that: "[t]he City defines blighted neighborhoods as areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter and poor maintenance of real property. Declining neighborhoods are defined as areas characterized by the prevalence of structures having minor deficiencies, a general need for improvements in real property, significant declines in real property values, high vacancy rates in commercial structures and increasing difficulty in obtaining insurance. Neighborhoods threatened with decline are defined as areas characterized by significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households...." which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1(a) of the Miami 21 Code; and WHEREAS, there have been changing conditions to the Atlas of the Miami 21 Code in the form of an adopted Rezone per Ordinance No. 9000 (Enactment Number 14024) for the following properties generally located at 60 and 70 Northwest 73rd Street; 7320, 7324, 7328, 7338, 7400, and 7406 Northwest Miami Court; and 7301, 7395, And 7357 Northwest Miami Place, Miami, Florida) that are adjacent to the property, deeming the changes necessary and consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that a change may be made only to the next intensity Transect Zone and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building height; and City of Miami Page 2 of 4 File ID: 13730 (Revision: B) Printed on: 7/8/2025 File ID: 13730 Enactment Number: 14199 WHEREAS, the Planning Department recommends approval of the rezoning application from "T5-R" Urban Center Zone — Restricted and "D1" Work Place District Zone to "T6-8-O" Urban Core Zone — Open Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-034 by a vote of ten to zero (10-0), Item No. PZAB.8, recommending approval of the rezoning change; and WHEREAS, City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the zoning classification from "T5-R" Urban Center Zone — Restricted and "D1" Work Place District Zone to "T6-8-O" Urban Core Zone — Open, for the Property generally located at 14 Northwest 75th Street, 7409 Northwest Miami Court, 7450 North Miami Avenue, and 7401 Northwest Miami Court, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 4 File ID: 13730 (Revision: B) Printed on: 7/8/2025 File ID: 13730 Enactment Number: 14199 APPROVED AS TO FORM AND CORRECTNESS: 4/17/2023 - rt6 ia`iddli ez, City ttor 5/30/2023 City of Miami Page 4 of 4 File ID: 13730 (Revision: B) Printed on: 7/8/2025